HomeMy WebLinkAboutOrdinance 2007-291
ORDINANCE NO. 2007- ~ q 1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTION 265-35 (8) OF THE CITY CODE
TO CLARIFY THE WIDTH OF THE REQUIRED
BEACH ACCESS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Code requires beach access easements as a condition of
development approval for projects located east of Collins A venue; and
WHEREAS, this amendatory ordinance will clarify that a beach access easement must
have a width of not less than 20 feet in average.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Amending Section 265-35 of the City Code. Section 265-35 of the City Code
amended to read as follows:
9265-35. Mixed Use -Resort District) MU-R).
D. Site Development Standards.
(7) Maximum building height. Maximum building height shall be controlled by 9
265-35D (d), regarding setbacks and view corridors, and 9 265-35D (9), Floor
area ratio.
(8) Required beach access easement. There shall be required for all properties,
except as provided herein below, a nonexclusive publicly accessible beach access
easement linking Collins A venue to the oceanfront beach. Such easement shall
be not be less than 15 feet wide 20 feet in average width and located within a
required side setback area and on the side of the property closest to a signalized
public crosswalk on Collins A venue and, where applicable, on the side adjacent to
an existing beach access easement provided by an abutting property and such
easement shall be over, across, under and through said property. Abutting beach
access easements shall be designed and improved to function as an integrated
design with a single pedestrian walkway of an expanded width to fully utilize the
greater effective easement width afforded by the abutting easements. However,
Clarifying the Width of Required Beach Access.
Page I on
the City Commission may waive the beach access easement requirement where it
is determined by the Zoning and planning Director in a written finding that in the
interest of protecting the public safety and welfare, provision of a beach
accessway at a midblock location constitutes a potential safety hazard as an
inducement to illegal pedestrian crossing of Collins A venue or it may be waived
if the proposed beach access is adjacent to a public park
Section 2. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall be included in the City of Sunny Isles Beach
Code; that the sections of this ordinance may be renumbered or relettered to accomplish such
intentions; and that the word "ordinance" shall be changed to "section" or other appropriate
word, as required.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the l~ day of Oc-roBtf(, 2007.
PASSED and ADOPTED on second reading the IS~ day ofNiHJe..Mbev'; 2007.
~.. '. . .' . _I>
" . . r
,
," .
"ATTEST,:.. 'j
.. - ..: ;(:: \' i I .--1,
'..~,~'4.~
'. Jan~ A. Hines, Cify'Clerk
'. ,," "'l _ ....-..
'./ 7: ~,~", -. ~ '. \
APPROVED AS TO FORM
AND LEG ENCY
Clarifying the Width of Required Beach Access.
Page 2 of3
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Moved by: v\c...c..ffiG..'jb;rH~~~_
Seconded by: CnW\V'f'.\~S.\b""~ I.coL-U;I'\-S
v (Yes)
~Yes)
v(Yes)
0Y es)
x(Yes)
Clarifying the Width of Required Beach Access.
Page 3 of3
(No)
_(No)
_(No)
(No)
(No)
U
<l: QI
W "tl
al cu
en 0
w ;:;:
.J M
!!l >
<l:
)0- M
z 5
z
::l "E
en QI
>
u.. <l:
0 en
~ 0::
al
U Z
w
c
0
N
a; Q;
Ol ..
E ~ cu c
0
III (L a
z III C
C t .Q '5
Q)
.9,1 > 1:5 III
"0 W Q)
(3 <l: (f) 0
..... .....
0 0
en en
0 0 C!
0 0
\I) \I) ..... ~
.... .... ..... O!l
en en X
.... .... M al
~
.0
E
~ ::J a;
Z
.0 C.
E c >-
0 t-
::J t 0
z Q) a;
"0 III N (5
<( E en ()
E
.
E
8
>-
o
.
~
o
0.
~
0.
~
S
NEIGHBORS CALENDAR
r!f Service YouCal1ft~s{
~ Experienced Craftsman
~ One Year Warranty
Bathroom Remodeling
General Home Repairs
Kitchen Remodeling
Window Replacement
Handyman Work
Door Replacement
Fence Installation
Crown Moldings
Ce,:an:ic Tile ~L~
Pamtmg ~~
Carpentry ~~I1~
Plumbing ~'~QJJ
Electrical ~
Closet Systems I@.~
(}
~
classes and ncupuncture for people
with H1V / AIDS; Center for Positive
Connections, 12570 NE Seventh
Ave.. Ste. 104, North Miami
305.891.2066.
Community Partnership for Home.
less: Group needs pillows. towels,
mattress covers, underwear for men,
womell and children. men's prafes.
sianal clothing, baby clothing, bassi-
nets and diapers; Community Part-
nership for Homeless, Inc., 1550 N.
Miami Ave" North Miami. Call Trev
Flowers at 305-329-3042 or
305.329.3030 or cphi.org.
Divorced, Separated, Widowed and
Solos Support Group: Learn how to
build stronger relationships by dis-
cussing a different topic each week;
7:30-9 p.m. ThursdClYs; Alper Jewish
Community Center. 11155 SW 112th
Aile.. Jay Morton-Levinthal Campus,
Kendall: free. 305-271-9000 or
alperjcc.org.
e
/'::;
-
5
w
~
. ....
~
.~
a;
fW
...c
l6
\5
Q.
~
~
>-
;
>-
:i
.E
S
:j
S
~
~
;
>
li
"
.
10
~
o
o
>-
E
,
o
>-
,;
.
10
"
'6
.;
.
ll'
0.
~
.
10
"
.
~
o
o
"
1!
.
r
E
.
~
.
LO
0-
.E
"
~m
g~
N"li
;a:~
o~
:::8
, c
oc-~
~
Q;~
_.:1
ctI g
C~
~
c-g
o~
._ e
_0.
ctI .~
(J~
.- .
:C~
:::JW
c.~
Holocaust Survivors: Get emer-
gency help and other services: pro-
vided by the Jewish Community Ser-
vices of South Florida. lnc.: hot line
operates 24/7, 305.682-8585
Messles Anonymous: A 12-step
recovery program for persons Wll0
struggle with clutter and disorder:
6;30 p.m. first Tuesdays: St. John's
United Methodist Church. 4760 Pine-
tree Dr., Miami Beach. 305-865-5193.
Miami Children's Hospital Events:
Miilmi Children's Hospital. 3196 SW
62naAve.. Miami (Scl1enley): free
. Adolescent Depression. Anxiety
Group. Kids 13-17 can participate in
the group whose goal is to foster
coplllg skills to alleviate and prevent
feelings of anxiety and depression:
4-5 p.m. Wednesdi'lYs;
. Emergent Language Group for
. TURN TO CALENDAR, 39
37
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
o
~
.q
~
~
>
o
z
,:
"'"
'"
z
S;
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City
Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles
Beach Government Center, David P. Samson Commission Chambers,
18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday,
November 15, 2007, at 7:30 p.m., to consider final adoption of the
following proposed Ordinances:
o
g
"
i'
S
s:
"'
i!:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 26-10 OF
THE CITY CODE RELATING TO THE INSTALLATION OF NEW
OFFICERS AFTER AN ELECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE
DATE.
o
D
~
'"
'"
z
~
-d
~
I
~
;:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 129-65
AND 129-66 OF THE CITY CODE RELATING TO THE
REGISTRATION FOR PLACING OR MAINTAINING
COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY,
AND THE TRANSFER, SALE, OR ASSIGNMENT OF ASSETS IN
PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY o~
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-35 (8)
OF THE CITY CODE TO CLARIFY THE WIDTH OF THE REQUIRED
BEACH ACCESS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
>
01:
Inquiries regarding these items may be directed to the City Clerk at 305-792-
1703. A copy of this document is available for public inspection during
normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to
express their views in writing addressed to the City Commission c/o the City Clerk, City of
Sunny Isles Beach. 18070 Collins Avenue, Sunny Isles Beach, Florida. 33160. Any person
wishing to address the City Commission at a public hearing is asked to register with the City
Clerk by completing a public speakers' card prior to the item being heard. The hearings on
these matters may be continued at this meeting and under such circumstances, additional
legal notice would not be provided. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at such meeting, they will need a
record of the proceedings and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability
should contact the City Manager at 305-947-0606. no later than 48 hours prior to the
proceedings; if heanng impaired, please telephone the TTY line at 305-792-1590 for
assistance.
City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Roslyn Brezin Commissioner
Gerry Goodman Commissioner
DaDny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
HaDS Ottinot. City Attorney
Jane A. Hines, City Clerk
OF suI<
MEMORANDUM
To: The Honorable Mayor and City Commission
Via: A. John Szerlag, City Manager
From: Jorge L. Vera, Assistant City Manager/ Service Division
Robert Solera Community Development Director
Elena Del Campillo, Planning and Zoning Technician
Date: October 18, 2007
Re: Beach Access Easements
RECOMMENDATION
This Ordinance is presented for your consideration and approval.
REASONS
Upon review of beach access easement language in Section 265-35 of the City Code,
two sections of the Code were not clear as to the required width of the beach
accesses. While one section required 15 feet of beach access, the other section
referred to a 20 foot in average width beach access easement. In order to clarify this
different, this ordinance will modify Section 265-35D (8) of the City Code to reflect
that beach access easements shall not be less than 20 feet in width.
Agenda Item 9 c.
Date I J -f5-07
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 'I 3 Fax
(305) 947-2150 Building Department
(305) 947-5 107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Jorge L. Vera, Assistant City Manager/Services
Robert Solera, Community Development Director
Priscilla Walker, CMC, Deputy City Clerkr;:?~
November 19,2007
Approval of Beach Access Width Clarification Ordinance
At its regular meeting of November 15, 2007, the City Commission adopted Ordinance No.
2007-291, which clarified the width required for beach accesses. Attached is a copy of the
approving legislation for your files.
Thank you.
/pw
Attachment
Beach Access Width Ord Memo